R91-019RESOLUTION NO. ~-[~
A RESOLUTION OF THE CITY CO~ISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,;
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CERTAIN CONTRACT BETWEEN THE
CITY OF BOYNTON BEACH AND STANLEY
CONSULTANTS FOR CONSTRUCTION MANAGEMENT
SERVICES AT THE WEST WATER TREATMENT
PLANT, WHICH IS ATTACHED HERETO AS
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, it has been determined by the City Commission
be in the best interest of the citizens and residents of
he City of Boynton Beach to enter into a contract between
he City of Boynton Beach and Stanley Consultants for
onstruction management services at the West Water Treatment
lant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
)F THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of
~oynton Beach, Florida hereby authorizes the Mayor and City
:lerk to execute said Contract, attached hereto as Exhibit
Section 3. This Resolution shall take
mmediately upon passage.
PASSED AND ADOPTED this ~ day~f February,
///Mayor
Commissioner
effect
1991.
FLORIDA
Commlss loner
.TTEST:
ItCorpouate-S'eal)
Commis s ~6ner
CONSULTANT AGREEMENT FORM
CONSTRUCTION MANAGEMENT SERVICES
THIS AGREEMENT is entered into between the City of Bosrnton Beach' hereinafter
referred to as "the CITY," ~d Stanley Consultangs, hereinafter referred ~o as
"the CONSULTANT," in ~onsideration of the mutual benefits, terms, and condi-
tions hereinafter specified.
Pr__~ect Desk. The CONSULTANT is retained by the CITY,to perform
Construction ~an~gem~nt services in connection with the proj ecn desig-
nated West WaGer TreAtmentPlant.
Scope of Services. CONSULTANT agrees to perform the services, identi-
fied on Exhibit "A" and conditions of Exhibit C, attached hereto,
including the provision of all labor, materials, equipment and sup-
plies. '
Time for Performance~ Work under this contract shall con~ence upon
wriuten notice by the: CITY to the CONSULTANT to proceed. CONSULTANT
shall perform all services and provide required pursuant to this
AGREEMENT within 730 calendar days from the date written notice is given
to proceed, unless an extension of~such time in §ranted in writing by
the CITY.
Payment. The CONSULTANT shall be paid bY the CITY for completed work
and for services rendered under this AGREEMENT as follows:
Payment for the ~york provided by CONSULTANT shall be made as
provided On Exhibit "B" attached hereto, proyided that the
total amount of p~ayment to CONSULTANT shall not exceed $983,330
without express:i~ritten modification of the AGREEMENT· signed by
the cit~
The CONSULTANT mgy submit vouchers tc the CITY once per month
during the prog~gssi[ o~. the work~ for p .artial p yma ent for pro3ect
completed to date. Such vouchers will be checked by the CITY, and
upon approval th~regf,, payment will be made to theCONSULTANT in
the amount approved.
Final payment of ~any balance~due the CONSULTANT of the total
connract price e~rned will be made promptly upon its ascertainment
and verificatio~ ~y the CITY after the completion of~ the work
under this AGREk~NT and its acceptance by the CITY.
Payment as provic%ed in this section shall be full com ensat
w ' ' p ion for
ork performed,'s~rv~ces rendered, and for all materials, sup-
plies, equipment,~ and incidentals n~cessary to complete the work.
The CONSULTANT'g records and accounts pertaining go this AGREEMENT
are to be kep~ available for inspection by re resenta '
Ci__ ~ ~ ~ ~ ~ p tzves of the
· ~ and state for a period of three (3) yea~s after fimai
payments. Copies shall be made available upon request. ~
9.1
10.
Ownership and Use of Documents. Ail documents, drawings, specifica-
tions, and other materials produced by the CONSULTANT in connection with
the services rendered under this AGREEMENT shall be the prope%r~ of the
CITY whether the Project for which they are made is executed or non.
The CONSULTANT shall be permitted to.retain copies, including reproduc-
ible copies, of drawings and specifications ~or information, reference
and use in connection with CONSULTANT's endeavors.
Services During Construction. If the Engineer performing services
during construction or construction manager makes changes to contract
documents, i.e. inclusive of field changes, he automatically takes the
liability and shall be responsible for modifieat'ions he makes to the
contract documents.
Compliance with Laws. CONSULTANT shall, in performing the services
contemplated by this AGREEMENT, faithfully observe and comply with all
federal, ~state, and local laws, ordinances, and regulations that are
applicable to the services to be rendered under thi.s AGREEMENT.
Indemnification CONSULTANT shall indemnify, defend and hold harmless
the CITY, its officers, agents, and employees, from and against any and
all claims, losses, or liability, or any portion ~thereof, including
attorneys fees and costs arising from injury or death to persons,
including injuries, Sickness', disease, or death to CONSULTANT's own
employees; or damage to property occasioned solely by a negligent act,
error, or omission of the CONSULTANT in performance of the services
required herein.
Insurance. The CONSULTANT shall secure and maintain in force throughout
the duration of this connracn comprehensive general liability insurance
with a minimum coverage of ~500,000 per occurrence and $I,000,000
aggregate for personal injury; and $500,000 per occurrence/aggregate for
property damage, and professional liability insurance in the amount of
$1,000,000.
Said general liability policy shall name the City of Boynton Beach as an
additional named insured and shall include a provision prohibiting
cancellation of said polfcy except upon thirty (30) days prior written
notice to the CITY. Certificates of coverage as required by this
section shall be delivered to the CITY within fifteen (15) days of
execution of this AGREEMENT.
CITY's Represenlative The CONSULTANT and the CITY agree that the
CONSULTANT will serve as a representative of the CITY Kith respect to
the services required herein. However, nothing in this AGREEMENT shall
be considered to creare the relationship of employer and employee
between the parties hereto. Neither CONSULTANT nor any employee of
CONSULTANT shall be entitled to any benefits accorded CITY employees by
virtue~of the services provided under this AGREEMENT. The CITY shall
not be responsible for withholding er otherwise deducting federal income
tax or social security or for contributing ro the state industrial
insurance program, otherwise assuming the duties of an employer with
respect to CONSULTANT, or any employee of CONSULTANT
11.
13.
14.
15.
16.
Subconsnltants/Subcontractors. Subconsuttants shall be allowed only
with the prior approval of the CITY. The consent of the CITY shall not
be construed as making the CITY a part of or to such subcontract, or
subjecting the city no liability of any kind To any subconsultann. No
subconsultant she%l, under any circumstances relieve the construction
manager of his liability and obligation under this contract an~ despite
such subcontracting, the CITY shall deal through the construction
manager. Subcontractors will be deaIt with as professional workman and
representative of the construction manager, as such shall be subject to
the same requiremenns as to character and competence as are other
employees of the construction manager
Covenant Against ContinKent Fees. The CONSULTANT warrants that he has
non employe~ or retained any company or person, other than a bonafide
employee working solely for the SONSULTANT~ to solicit or se-cure this
contract, and that he has not paid or agreed to pay any company or
persons other than a bonafide employee working solely for the CONSUL-
TANT, any fee, commission, percentage~ brokerage fee~ gifts or any
other consideration contingent upon or resulting from. the award or
making of this contract~ For br~ach or violatio~ of th~s warranny, the
CITY shall have the right to annul thiscontract without liability or,
in its discretion to deduct from the connract price or consideration, or
otherwise recover the full amount of such fee, commission, percentage,
brokerage fee, gift/ or contingeqt fee.
Discrimination Prohihited~ The CONSULTANT, with regard to the work
performed by ii_under this AGREEMENT, will not discriminate on the
grounds of rac~, color, national origin, religion, creed, age, sex, or
the presence of any physical or sensory handicap in the selection and
retention of employeesor procurement of materials or supplies.
Assignment. The CONSULTANT shall not sublet or assign any of the
services covered by this AGREEMENT without the express written consenn
of the CITY.
Non-Waiver. Waiver by the CIT~ of any provision of this AGREEMENT or
any rime limitation provided for in this AGREEMENT shall non constitute
a waive~ of any other provision
Termination
The CITY reserves the right to terminate this AGREEMENT an any
time by giving ten (10) days~ written notice to the CONSULTANT.
In the event of the death of a member, partner, or officer of the
CONSULTANT, or any of its supervisory personnel assigned to the
project the surviving members of the CONSULTANT hereby agree no
complete the work under the terms of this AGREEMENT, if requested
to do so by the CITY. This section shall not be m bar To renego-
tiations of this AGREEMENT between surviving members of the
CONSULTANT and the CITY, if the CITY so chooses.
17.
18.
19.
Disputes. Any dispute arising out of the terms or conditions of this
AGREEMENT shall be, adjudicated within the courts of Florida. Further,
thlsAGREEMENT shall be construed Under Florida Law
Notices. Notices to the Gity of Boynton Beach'shall be sent to the
following address:
City of Boynton Beach
P. O. Box 310
Boynton Beach, FL 33425-0310
Attn: John Guidry
Notices to CONSULTANT shall be sent to the following address:
Stanley Consultants of Florida
2000 Lombard Street
West Palm Beach, FL 33407
Att~: Andy Carlino
Inte.~rated Agreement. This AGREEMENT, together with attachments or
addenda, Cepresents~the entire and integrated AGREEMENT between the CITY
and the CONSULTANT and supersedes all prior negotiations, represenna-
tions, or AGREEMENTs written or oral. This AGREEMENT may be amended
only by written instrument signed by both CITY and CONSULTANT~
DATED this
&ttest/Authenticated:
City~lerk
O~f-{ce of ' h~e~ty AttOrney
day of , 19__
STANLEY CONSULTANTS OF FLORIDA, INC.
Angelo J. Carlino, Jr., President
Attest/Authenticated:
Vice President
Secretary
EXHIBIT A
THE PROJECT SCOPE
1.1
1.2
2.1
2.2
2.3
2.3.1
The work for the West Warer Treatment Plant, (herein referred to as
the "Work") consists of construction of buildings, pumping equipment,
R.O. membrane filter, degasifiers, disinfection facilities, and
appurtenant work in the City of Boynton Beach,-Florida, all as more
particularly indicated, shown or described in the Prawings, Specifica-
tions, and other Contract Documents. The 'location, general charac-
teristics, and principal details of the Work are in~icateR on a sen of
C~M Hill drawings, titled "West Water Treatment Plant."
GM acknowledges that it has reviewed the foregoing and is familiar
with the scope of the project. The construction of the work and
facilities outlined in Sections 1.1 constitutes the "project" or the
"entire project", and shall hereafter be referred to as such.
BASIC SERVICES DURING CONSTRUCTION PHASE
During the Construction Phase and for the period provided, the CM
shall, using its best efforts, provide the following Basic Services.
The CM shall assist the CITY during the bidding phase by responding to
Contractor-generated questions issuing addenda, conducting prebid
meetings, attending bid openings, tabulating and analyzing bid propos-
als, mnd making recommendation for award to the CITY~ Upon award, the
GM shall furnish the CITY conformed project documents for execunion by
the CITY and the Contractor.
Upon execution of the construction Contracts, the CM shall meet with
Contractor to secure its proposed Projec~ Construction Schedule
showing (1) milestone events significant to the project and "long
lead" major equipment items associated with those events (2) the
exact sequence of opeuatiens and item estimates for the completie~ of
the project (33 the~rder sequence and interdependence of all
significant work activities along with a schedule for theprocure-
ment' fabricati6n and delivery Of critical'or special materials and
equipment; and (4) a schedule of contractor submittals and anticipated
approvals of samples and shop drawings for equipment and materials.
The CM shall review the Project-Construction Schedule prior to its
submission shall offer its observatiens to the Contractor concerning
said Schedule, and shall make a written report to the City of Boynton
Beach containing its observations and recommendations with regard
thereto.
2.4
2.5
2.6
2.7
2.7.1
The CM shall manage and administer the construction contract and
shall consult with and advise the City of Boynton Beach in regard to
the progress and quality of construction throughout the construction
.phase.
The CM shall schedule and conduct a preconsrruction conference with
the City of Boynton Beach and Contractors, and shall conduct weekly
construction and progress meetings with the Contractors to review and
discuss construction progress, procedures problems~ and scheduling.
The CM shall promptly prepare and distribute to participants and the
CITY detailed written minutes of all such conferences and meetings.
The CM shall p~epare and submit to the CITY written monthly reports
covering the progress of the construction work, problems encountered.
and scheduling. Nothing herein shall preclude the CITY from attending
such conferences and meetings.
The CM shall periodically cause the Contractor to update and reissue,
as necessary, the Project Construction Schedule to show current
conditions and proposed revisions necessitated by actual experience.
The CM shall provide resident project representation by sufficient
resident project staff as set forth in EXHIBIT D being present at the
site when construction work is zn progress, in order ~o provide
project ohservgtion and inspection of the progress and quality of the
construction work to determine in general if ii is proceeding in
accordance with the Contract DocumenEs. The CM shall use its best
efforts to guard the CITY against defects and deficiencies in the work
of the Contractor shall determine if the work is proceeding in accor-
dance with the Contract DocUments, andshall endeavor to achieve
satisfactory performance from the Contractor. The resident project
staff will direct its best efforts toward providing greater protec-
tion fom the CtTY so,~hat the qompleted Project will conform to the
Contract Documents, but neither the CITY, nor the CM, nor their re-
spective staffs will be~ responsible for the means, methods, tech-
niques, or procedures ofic0nstruction ~electediby 6he CoDtractor or
for safety precautions and programs incident to the work of the
Contractors or~ for any failure of the Contractors to comply with any
laws ordinances, rules, or regulations applicable to the construc-
tion work. Th~ Contractors!sh~illhavei primaryresponsibility, to
pezform the constructio~ work as set {orth in the Contract DocUments.
The GM shall notify the CITy o~>all permanent w~rk ~h~c~ ~oes not
conform to .the contract ~d0~ume~ts, shgll prepare and submit a written
report describing any apparentl nonconforming pprma~en~ ~ork, and shall
make recommendations to the CITY for its correction, an~ when authorz-
zed by the CITY shall instruct the Contractors To carry ~out the
mcceptable corrective measures.
2.8
2.9
2 .'10
2.11
2.12
The CM shall maintain detailed records of The work including a daily
diary/log of all activities at. the work site which may affect the
quality and timelyprosecu~ion of the work. the daily diary/log
format shall include a record of contractors workforce at each work
site, a list of visiting inspectors and officials, daily activities,
weather conditions, equipment on each site, decision made, general
observations, and specific observations (e.g., test results). Copies
of daily logs, inspection, and testing reports shall be provided ~o
the.CITY weekly. Additionally, construction photos shall be main-
tained to document construction progress.
The CM shall review and take appropriate action on shop drawings and
samples, the results of tests and inspections, and.other data which
Contractor ia required to submit, .for conformance with the design
concepg of the Project and compliance with the information given in
the Contract Documents, shall determine the acceptability of sub-
stitute materials and equipment proposed by Contractors; and shall
receive and review(for general content as required by the Specifica-
tions) maintenance~and operating instructions,-schedules, guarantees,
bonds, and certificates of inspection which are to be assembled by
Contractor in accordance with the Contract Documents
The CM shall issue all instructions of the CITY to the Contractors;
shall prepare changeorders as required; shallrequire such special
inspection oF testing as necessary to evaluate conformance of the
work with the requirements of the contract documents and the perfor-
mance thereunder by the parties thereto; shall interpret and make
determinations with regard to the requirements of the Contract Docu-
ments; shall make recommendations to the CITY on all claims of Con-
tractor relmting to the execution and pr0gress of the work; and shall
assist the CITY' inobtaining data and information from the Contractor
as required in theJconstruc~ion contract documents. Questions
generated d~ring .cons~ructio~ that., in Cheqpinion of the CM, may
impact the treatment process or~that-~may make changes in other
significant project areas, will,be directed bylthe CM to the CITY.
The CM shall: recommend construction change order~ to the CITY, shall
review requests.for changeord~rs, shatl~asslst in negotiating Con-
tractors~' proposals, shall,submit recommendations to the CITY and if
they are aecepted, iprepare change Orders for the CITY's author-
ization.
The CM shall maintain st the Project sites, on a current basis: a
record copy of all Contracts, Drawings, Specifications, Addenda,
Change Orders and other Modifications, in goodorder and marked to
record significant changes; Shop Drawings; Product Data; Samples;
submittals; maintenance and operating manuals and instruction; other
related documents and revisions which arise out of the Contract or
Work.
2.13
The GM shall in each month during the construction phase make an
estimate in writing of the total amount and value of the construction
work done by each Contractor ~o the first of the month. Each estimate
shall also include~ a calculation of the percent of construction
completion for the entire project, based on the value of the work
done. Such estimates shall bebased upon~the CM's observations and
inspections of the construction work performed as a professional
experienced and qualified in construction management, and upon the
CM's review of the Contractors' applications for progress payments and
the supporting data submitted therewith. Such estimate shall con-
stitute the CM's professional recommendation with regard to payment
and shall constitute a representation to the CITY, based on such
observations, inspections, and review, that the work has progressed to
the point indicated and that, to the best of the CMOs knowledge,
information and belief, the quality of work is in accordance with the
Contract Documents (subjeht to an evalua~ioh of the~work as a functio-
ning Projec5 upon Substantial Completion, ~0 the results o~ any
subsequent tests called-for inthe Contract documengs, andre any
qualification stated in the-recommendation), he CM Shall submit each
such estimate in writing not later than the~ 10th day of each month.
2.13.1
By recommending any payment, CM will not be deemed to have represented
that it has: made any examination ~o determine.howo~ for ~hat pur-
poses any Contractor has ~sed the~moneys pa~d on ~ccount of the
ContractP~ice, or that citle of ~any of the Contractor,s) work,
materials, or equipment has passe~ to,CitY Mree and clear o~ any lien,
claims, security interests, orencumbrar~es.
2.14
The CM shalt conduct an inspectiom with the CITY to,determine if each
Contractor is substantiallycomplete and a final inspection with the
CITY to determine.i.f the Contract has been fully completed zn accor-
danne with :the Contract Documents~ If the Contractorhas fulfilled
alliof~its obligations therennder~he~CM shall recommend, ~n writing,
fin~t approval of the ~o~k.b~ th~!CITY. As used herein, t~e term
"SubstRntially Completed" ShAll melan the .completion of alll work
required by the ¢ontract dpcument$ wSth ths exception of p~nch list or
minor ~items so' that t~e~CITY can hav~ the beneficial operation and
~se of~ the faCilitieS with m~nlmal ~nterfe~ence~ fmom the CDntractor.
As used herein-the term"Fu!!y Camp!eted" shall mean the ~ompletzon
of all~ the work including pu~ch l%st or mznor ztems, ~n s~bstantzal
complimnce with the Contract Documents.
2.15
At the close ~f the~,Constructio~ Phase, the CM shall deliver to the
CITY all records and d~eumen~s which, it is required to keep and
maintaih pursuant tO t~is AGREEMENT., The GM shall alsopmepare a set
of reproducible RecordiDrawingS showing those changesmad~ during the
~=~,~¥~ ~ .... ~ gA~m~ O~ ma~ke~-uD erints, drawings,i and other
data ~enerate~ by ~he CM or furnished to the CM by the Contractor or
the CITY and which the CMand the CITY consider significant.
2.16 The CM shall be responsible for assisting in obtaining the Permit
Construct and Permit to Operate the West Water Treatment Plant.
2.17
2.18
2.18.1
2.19
The CM shall prepare an opera-riot and maintenance (O&M) manual that is
in a format that will assist the operator in performing the day-no-
day plant operations and maintenance functions Assistance in
development of the O&M manual will be provided by the CITY. An
outline of the O&M manual will be submitted by the CM.to the CITY for
review. Following CITY review of the outline, a preliminary copy of
the O&M manual will be submitted for CITY review. Prior no submittal
of the final 0&M manual, the CM will conduct a review i~ Boynton Beach
of the completed document Fifteen copies of the final O&M manual
will then be submitted.
The CM will develop and conduct an operator training program that is
tailored to the personnel assigned to the operation and maintenance
functions of the water treatment plant. The scope of this training
program may be adjusted after personnel have been assigned and
equipment vendors known.
At a minimum, this training will include classroom as well as in-
plant, hands-on training of operators Training will be provided for
all operating equipment with special consideration to the membrane
process equipmenn. Classroom training is estimated at three 16-hour
sessions. In-plant training is estimated at three 24-hour sessions.
As a subcontractor to the CM, Ian Watson, Rostek shall provide the
following services:
(a)
Assist in DER construction permit, technical support during the
bidding phase, evaluation of proof/pilot testing, and shop drawing
review, limited to the process system, and geared toward insuring
compliancewith the quality standards of the specifications, the
functionality of the equipment, and .the operability of the
completed facility. This will not include verification of
construction dimensions, except within the process, as submitted
on shop drawings.
(b)
Make site visits once per month, 2 days per visit, to monitor and
inspect the progress of the work. These visits will include a
meeting with the CITY Utility Staff, and schedule discussion with
the Contractor. Each visit will result in a letter-type report
containing key points of the inspection, and minutes of any
meetings. It is assumed that the installation of the membrane
process equipment will span-5 months. Assist in preparation of
training program
(c)
Assist in preparation for srartup, spending 5 days at the site,
with the Process Contractor Assist and participate in pre~
suarnup checkout, including review of control logic se~ points,
time delays, switch settings, etc. This activity will also
include the developmenn of the acceptance test protocol. A
written protocol will be prepared and submitted at the conclusion
of this task.
(d) Monitor and repor: on 7-day continuous acceptance test. Keep
independent tog of acceptance test. Ag the conclusion of the
tes~, prepare DER certification, prepare a test report, summariz-
ing the progress of the test, and prese~ting key. operaqing
parameters. Monitor training p~ogram~ and report on its effec-
tiveness and thoroughness.
(e) Keepno~tes on pro~ess constr~ct~pn.and~install~tion deficiencies
that may be. handled, as "punch list''~ items. ~ovide a list of such
items, ~ubseq~en~ to installation but prior :~0 sta~tup. Supple-
me~t. as necessary with additional items appearing as a result of
operations.
3.1
3.1.1
3.1.2
3.1.3
3.1.4
3.1.5
3.1.6
3.2
3.2.1
3.2.2
3.2.3
ADDITIONAL SERVICES
If authorized in writing by CITY, GM shall furnish or obtain from
others, Additional Services of the following hypes which are not
included as Basic Services in Exhibit A. to be paid for by the CITY as
indicated in Exhibit B~
Services resulting from signifieant.changes in general s~ope of the
Project or its design including, but not limited to, changes in size,
complexity, CITY's schedule: character of construction or a method of
financing; and revising previously accepted ~tudies, repor~s, design
documents or Con=rac~ Documents when such revisions are due to cause
or reasons beyond the CM's control.
Investigations involving detailed consideration of operations, mainte-
nance, and overhead expense.s; and the preparation of rate schedules,
earni~gs and expense statements, feasibility studies, appraisals and
evaluations: detailed quantity surveys of materials equipment and
labor; and audits or inventories required in connection wi~h consrruc-
tien performed by the CITY.
Additional or extended services during construction madenecessary by
default of the Contractor.
Services after completion of the Construction Phase and the first year
operation period, such as inspections during any guarantee period and
reporting observed discrepancies under guarantees called for in any
contract for the Project.
PreParing to serve or serving as a consultant or witness for the CITY
in any litigation, public hearing, or other legal or administrative
proceeding involving the Project.
Service of subconsultant to perform material testing service or other
similar services.
The cITY, without invalidating the AGREEMENT~ may make changes in the
Services specified in the standard Scope of Services of this AGREE-
MENT. The CITY, without invalidating this AGREEMENT, may also make
changes to the Project which result in changes to the Construction
Management Services to be provided by the CM and to the duration of
such services. No such change shall be valid unless it is first
authorized by the CITY in writing and accepted to by the GM which
acceptance shall non be unreasonably withheld.
The CM 'shall notify the CITY of all changes which increase the CM's
cost or the duration of the CM's services, or both~
A written request for additional compensation shall be given by the CM
to the CITY within thirty (30) days of the CM having knowledge of the
event giving rise to such request.
Changes which result in an increase in compensation to the CM or the
duration of Cm's services, or both, shall be made by a written Amend-
ment to the AGREEMENT executed by the CITY and the CM~ The Amendment
will be executed prior to the performance of additional or extended
services by the CM. The CM shall proceed to perform such additional
or extended services only after written notice directing the CM to
proceed, and additional compensation shall be as provided in Exhibit
B.
F.Y~'r B ~ T B
CO~ST~OCTIO~ M~,~AGER~S COM~E~SATTO~
1.1
1.1.1
1.1.2
Compensation for,Basic ServiCes
The CITY will compensate the CM in accordance with the terms: ~nd
conditions of this AGREEMENT as follows:
For the Basic,Services provided by the OM as set out in Exhibit A, the
CM shall be paid as Tonal Basic Compensation, the Lump Sum of S983,3-
The CM's lump sum fee shall be earned and paid in accordance with the
following:
At the completion of:
The following lump sum will be invoiced:
Obtaining Permit to Construct
and Permit to Operate
$ 11,090
Award General Construction
Contract
28,990
Mobilization of Construction
Management Team On Site
13,020
Operation and Maintenance Manuals
56,830
Record Drawing Review
19,420
Operator Training
43,300
Contract Closeout
13,560
Construction Management Field Time
and Expenses, Office Support,
Shop Drawing Review
Month 1 25,600
Month 2 25,600
Month 3 48 370
Month 4 48 370
Month 5 35 680
Month 6 ~ 35 680
Month 7 42 150
Month 8 42 150
Month 9 42,150
Month 10 42,150
Month 11 42,150
Month 12 42,150
Month 13 42,150
Month 14 53,880
Month 15 64,300
Month 16 64,300
Month 17 56,490
Month 18 43,800
$983,330
1.2
Compensation for Additional Services
The CITY shall pay CM for Additional Services not onherwise provided
for in this AGREEMENT through a negotiated fee or on ghe basis of CM's
then current hourly fees in effect an the time service i~ provided
plus reimbursable expenses Per diem expenses will be paid in
accordance with City of Boyn~on Beach policy. Compensation for
additional s~rvices shall be~earned as additional services are ·
rendered gna as related.relmbur~ableexpenses are incurred, and shall
be-~separately calculated and Billed on the CM's monthly statemenns.
. EXHIBIT C
RELATIONSHIP OF THE PARTIES
1.1
1.2
1.3
2.3.1
2.1
2.2
2.3
2.4
2.5
CITY and Design Professional
The CITYentered into a separate AGREEMENT with CMRM Hilt, as its
Design Professional, to provide archit~eturaLand engineering design
for the Project. The CITY may, howeve~ authorize~the CM to provide
design or engineering services as Additional Services. In such
instances, the CM shall assume the duties and obligations of a Design
Professional with respect to such worK, and shall incur professional
responsibility with respecn thereto, ~or its services.
CITY and Construction Contractor
The CITY will enter into a separate AGREEMENT with other companies for
the consnruction of the Project. The term Contractor as used her-~in
will refer to them and their subcontractors, and the term Construction
Contract refers to said AGREEMENT with those contractors Company and
the CITY.
Relationship of the CM to Other Project Participants
In providing Construction Management Services described in this AGREE-
MENT, the CM shall use its best efforts to maintain a good working
relationship with the Contractor and Design Professional on behalf of
the CITY. However, nothing in this AGREEMENT shall be construed to
mean that the CM assumes any of the contractual responsibilities or
duties of the Contractor or Design Professional.
The Contractors are solely responsible for construction means,
methods, sequencing and procedures used in the construction of the
Project and for the safety of personnel and its operations. The
Design Professional is solely responsible for the Project design and
shall perform in accordance with the Design Professional's AGREEMENT
with the CITY.
CITY'S RESPONSIBILITIES
The CITY will provide to the CM full information regarding the CITY's
requirements for the Project.
The CITY will examine information submitted by the CM and shall render
decisions pertaining thereto promptly.
The CITY will furnish legal, accounting, and insurance counseling
services as may be necessary for the Project
The CITY shall provide or cause to provide by the Contractor, a 720
square foot field office, complete with furniture and utilities for
the duration of the projecn.
If the CITY observes or otherwise becomes aware of any fault or defect
in the Project or nonconformity with the Contract Documents, prompt
written notice thereof shall be given to the CM.
2.6
2.7
2.8
2.9
%he CITY will furnish requir.ed information~and approvals and perform
its responsibilities and activities in a timely manner~to facilitate
orderly progr.ess of work in cooperation with the GM censistent with
this AGREEMENT and in-~ccordance with 'the planning and scheduling
requiremenns and budgetary restraints of the Project as determined by
the CM and C~TY.
At the~request of the ca, sufficient copies of the Contract Documents
will be furnished by the CITY aC' its expense.
The CITY will send, and shall require the Design Professional to send
copies of all notices and communications sent go or received by the
CITY or the Design Professional relating to the Project to the CM.
During the Construction Phase of the Projeat, the CITY will require
that the Contractor submit all nogicesand communication relating to
the Project directly to the
The CITY will.designate an employee to :ac~ in the CITY's behalf with
respect to the Project and property of the CITY~ This representative
wilI have the authority to approye necessary project ,change or work
orders and Witl-be available duringI working ho~rs as o~ften as may be
required to render decisions and furnish information in a timely
manner.
3.1
3.2
3.3
ADDITIONAL CONDITIONS
All documents includ%ng Drawings and Specificatio~sfurnished by the
CM pursuant to this AGREEMENT are instruments of its services in
respect~ of the Project. They are nog intended or presented go be
suitable for reuse by the CITY or others on extensions of the Project
or on any othe~Project. Any reuse without specific wrintsn verifi-
cation ~r adaptionb~ the CM will be at the CITY's expense and without
liability or legal exposure to the ca, and the CITY shall indemnify
and hold harmless ~he CM from.all claims, damages, losses, and ex-
penses including a~tqrney's fees mrising out of or resulting there-
from. A~¥ suchllverification or adaptation will entitle the CM to
further compensation~iat~ rates to be agreed upon by the CITY and the
CM.
Since CM has no control over the cost of labor, materials,-or equip-
ment, or over Contractor(s)' methods of determining prices, or over
competitive bidding or market conditions, his estimates of Project
Cost and Constructipn Cost provided for herein are go be made on the
basis of his experience and qualifications and represent his best
judgment as a professional experiencedand qualified in project
managemenn and familiar with the construction industry, but CM cannot
and does not guarantee that proposals, bids, or the acnual Project and
Constructien Cost will not vary from esnimates of cost prepared by
him.
Capital equipmen~ purchased with funds from this AGREEMENT and used
exclusively on this project shall become the property of the CITY at
the conclusion of the Work.
3.5
3.5.1
3.5.2
3.5.3
The nature of membrane softening projects is that the~Engineer does
not know the details of the membrane package to be supplied by the
Gontractor until after bids are received. Because of th~s, the final
detailed design o~f the prodess, as well as the assoc'iate~ controls, is
completed by,the membrane, and process/instrumentation~and controls
(PICS) subcontractor. The detailed design must fit into the overall
design concept of the projec~ to avoid significant changes and
resulting costs. The Construction Manager is required to verify that
the subcontracgers are following the or~ginalLdesign concept, which
was developed and documented.
Suspension
The CITY,imay order the GM in. writing to suspend, delay, or interrupt
all or'any part~ of the Construction Management Services for the
Project for the convenience of the'CITY, or for Work stoppage beyond
the control of the CITY or the CM. In the event Construction Manage-
men~ Sgrvices for the~Project~are'suspended or,otherwise delayed, the
CITY Will reimburse the CM fgr all of..the .costs of its full construc-
tion site and assigned project home office staff as provided for by
this AGREEMgNT ~ forit~e first'thirty (30)~aYs of such delay. The CM
shall~reduce~th~, size. of s~h~!staff for the-.remainder of the delay
period as directed by the CITY; and, during such period, the CITY
shall reimburse the CM for all of the costs of its reduced staff. Upon
cessation of the delay, the CM shall restore the construction site and
home office staff td its ~orm~ sizek ~ Persons assigned to another
project during such ~p~riod and no~ available to return to the Projec~
upon c&ssation of ~Cbe~delay shatl~be replaced by ~wip~rsons.
If~tha performance Of all or any. part-oflt~e Services for the Project
is~ susp~hde~,delayed, or~ interrupted bey6nd ~0 days~ an upward
adjUStment in, the CMOs Co~p~ngBtio~ ~hall~he made for ~he increase, in
any;~in thei Coslt ~f the~cM~- pe~fo~mance ~f the AGREFR~'ENT caused by
such suspension d~tay, 0fl. iB~e~ruptiog, and. this AGREEMENT shall be
modified in~writingaccor~ingly.
If~'the Project is =esumed after~,being suspended for more than six (6)
months the CM shatI have. the option of requiring that its compensa-
tion, including rates or fees or both, be renegotiated. Subjecn to
the provisions of the AGREEMENT relating to termination, a delay or
suspension~of the Proje¢~ does not terminate or void~ this A~REEMENT.
EXHIBIT D
The esnimated amount for hourly portion of the contract is based on the
following manloading projections:
Resident Construction Manager
Construction InspecTor
Rostek Services
Draft Person
Start-Up Assistance
Mechanical
Electrical
Instramentation
Secretary/Clerk
1991 1992 1992 Months
J JAS ONDJ FMAMJ JA S ON
18
14
12
m 1
~"~ 2
~ 2
18